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  1. Violence in Mexico Threatens to Overwhelm the U.S. Asylum System

    David North recently wrote on the Center for Immigration Studies website that a surge in Mexican asylum seekers might overwhelm the immigration court system in the United States.  In making his point, Mr. North referred to one of my blog entries:
    At the moment the approval rate for Mexicans applying for asylum, despite the ferocious gang activity on the other side of the border, is only a little over 2 percent, but it is not the approval rate that worries but the application rate. Should that soar we would be in big trouble.  And it might. Jason Dzubow, a skilled asylum lawyer here in Washington, has written in both the Asylumist and Immigration Daily that some Mexican asylum seekers and their advocates "have formed a coalition to support each other in their cases."
    First, I certainly appreciate being referred to as a "skilled asylum lawyer" (though perhaps I would prefer to be called a "good-looking asylum lawyer"). 
    Second, Mr. North raises an important issue.  Thus far, the evidence for an increase in the number of Mexican asylum seekers is anecdotal.  Statistical data for Mexican asylum seekers in immigration court is relatively flat: In FY 2010, there were 3,231 asylum seekers from Mexico; in FY 2009, 3,335; in FY 2008, 3,527; in FY 2007, 3,080; and in FY 2006, there were 2,818 Mexican asylum cases filed in U.S. immigration courts.  Data on affirmatively filed cases shows that the number of people from Mexico filing for asylum in the asylum offices has actually declined (the number of affirmative asylum seekers fell from 2,456 in 2008 to 1,778 in 2009).
    Nevertheless, the scenario described by Mr. North remains a real possibility.  Violence in Mexico is out of control, and if things fall further apart, we could experience an influx of asylum seekers.  Our current immigration court system is already overloaded (cases routinely take one or two years-or more-to adjudicate), and so a large number of additional cases would completely clog the system.  In addition, it is unclear whether our society can or should absorb large numbers of additional refugees.  What then is the solution?
    One possibility would be to reduce our refugee admissions from other countries and fill those slots with asylum seekers from Mexico.  We current admit and absorb about 75,000 refugees each year.  They come from many different countries.  If there was a large influx from Mexico, we could give Mexican asylum seekers priority over people fleeing persecution in more distant lands.
    Another method to deal with a large refugee flow from Mexico would be to keep the refugees in camps, as is done in many parts of the world.  The people could remain in temporary camps administered by the U.S. and the United Nations, and when conditions in Mexico improved, they could return to their country.  It seems to me that we have a moral obligation to help people fleeing for their lives.  However, I am not so sure we have an obligation to permanently resettle those people in our country.
    For now at least, this is all hypothetical.  Let's hope it remains that way.
    Originally posted on the Asylumist:
  2. "Want A New Passport ? Adopted Children Need Not Apply"

    by , 04-03-2011 at 04:41 PM (Gary Endelman on Immigration Policy and Law)

     Until I looked at the new DS-5513 Biographical Questionnaire for A US Passport in the February 24th issue of Federal Register, I did not fully comprehend that extent to which the State Department would go to prevent adopted children from travelling internationally.  Now I know.
    If you think I protest too much, click on the links above and come to your own conclusion. Is there any way for an adopted child to know if his birth mother received pre- or post-natal medical care? Would an adopted daughter know how her birth mother came to the United States? How many adults who were adopted as infants could describe the circumstances of their birth? Maybe they could recite the dates of medical appointments for a woman they have never met and probably could not contact? Well, if they can climb into the family attic and unearth their baptismal or circumcision records, all is not lost.
    All this and more may be required by your friendly Passport Agency . It won't take long, though; maybe 45 minutes! Got a spare lunch hour? Of course, things might change since comments in opposition to this identity invasion can be submitted for 60 days. Why the reason for all these questions that no adopted and few biological children can answer? Here's the stated rationale:
    "The primary purpose for soliciting this information is to establish citizenship, identity, and eligibility for a U.S. Passport Book or Passport Card," says the notice. "The information may also be used in connection with issuing other travel documents or evidence of citizenship and in furtherance of the Secretary's responsibility for the protection of U.S. nationals abroad."
    Now before you write your angry letter or indignant email, consider that  the State Department is proposing that the questionnaire only be required of those applicants who "submit citizenship or identity evidence that is insufficient or of questionable authenticity."  Conservative estimates are that that only about 74,000 persons per year will need to tear out their hair when trying to complete this form.  That's about 0.5% of passport applicants
    Hopefully, the incandescent wrath of an aroused populace, which, as we all know has nothing else to worry about, will cause an astonished State Department to think twice. If not,  I hear that the Grand Canyon looks beautiful this time of year. For those who say that you cannot be too careful in these scoundrel times when the need to fight terror is with us late and soon, I close with words worth remembering from someone who knew how to react amid revolutionary fervor:" They that give up essential liberty to obtain a little temporary safety, " Benjamin Franklin reminds us, " deserve neither liberty nor safety."

    by , 04-02-2011 at 03:29 PM (Greg Siskind on Immigration Law and Policy)

    Soccer great Pele, the Brazilian legend who is one of the most recognized names in the world of sports, has been granted an O-1 visa. I remember seeing Pele as a kid when I had to the Miami Toros North American Soccer League games and Pele played for the New York Cosmos. Pele is returning to New York to help rebuild soccer in New York City where he will work in the front office of the revived New York Cosmos.
    His actual name is Edson Arantes Do Nascimento and he began is career in 1956 playing with the Santos soccer club in Brazil where he played for 18 years. But he's known to the world for his play in the 1958, 1962, 1966 and 1970 World Cups. He scored a key goal in the final of the 1970 Cup that helped lift Brazil to the title. In 1975, he moved to the US to play for the Cosmos and was the highest profile player in the first professional soccer league in the US.
    He's spent much of the last few decades doing anbassadorial work on behalf of various international bodies such as UNESCO. Young people will know Pele as the coach on the Wii game Academy of Champions.

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  4. Bloggings: Immigration and diversity - some international comparisons, by Roger Algase, Esq.

    America is not the only English-speaking country that is wrestling with questions of immigration and diversity. UK Prime Minister David Cameron recently announced that multiculturalism in his country was "bankrupt". This not only delighted the British right wing, but put him in the uncomfortable position of being praised by none other than the daughter and political successor of Jean-Marie Le Pen, the notorious French far right nationalist, who has often been accused of anti-Semitism and bigotry toward all minorities.
    In 2004, a British journalist, David Goodhart, published an article in The Guardian called "Discomfort of Strangers", in which he made clear that certain types of "strangers", namely Asian, African and Muslim immigrants, made him feel quite uncomfortable indeed.  Not content with attacking immigrants in Britain, Goodhart's article also took some gratuitous shots at Hispanics and African-Americans in the US. This past week,  he repeated some of thse same sentiments (minus the comments about America) in the Financial Times ("A cap on immigrants will fit business nicely", March 28).
    Goodhart's basic premise is that there is a distinction between societies based on "solidarity", (which in the case of Britain means the white population) and "diversity", which, of course, means a society that includes everyone else. For various reasons, he argued that a society based on "solidarity" functions better.
    This type of anti-immigration rhetoric based on ethnicity, or as some like to call it euphemistically, "culture", is hardly unknown in the US.  In the 1990's, Peter Brimelow, another Briton, but one based in the US, wrote essentially the same thing in his book "Alien Nation".  In 2003, Samuel Huntington, better known for his book "Clash of Civilizations",  published an anti-immigrant polemic: "Who Are We"? That book argued that "We" are essentially white and Protestant, and emphatically not Hispanic. Former third party presidential candidate Patrick J. Buchanan has been writing something similar (except for being more friendly to white Catholics) for many years.
    When a country adopts this kind of xenophobic (and I am trying to be polite here) ideology as its official immigration policy, this is not without its consequences. Recently, the UK has reduced its cap on permanent immigration and has also adopted procedures for immigrant  visa applications that have discouraged many non-Europeans, including both skilled professional workers and affluent visitors, from China and other countries, from coming to or trying to remain in the UK.
    This has brought a furious backlash from some of the people which any country in its collective right mind would regard as among its most desirable immigrants. For example, a young Chinese chemical engineer who studied in the UK,  has been working there (with authorization) and has paid substantial amounts in UK taxes, posted a furious comment on the Financial Times website claiming that her fellow Chinese professional workers were being treated like "pigs" by the British immigration authorities. One can only imagine what the effect will be on attitudes toward British businesses, products and individuals seeking to develop trade or contacts with the next generation of educated and influential leaders in China.
    In contrast, Canada has now gained such a reputation for acceptance of diversity, that, according to another Financial Times article, politicians in all political parties are campaigning heavily in ethnic neighborhoods ("Canada's parties target big ethnic vote", April 1).  The article also points out that attitudes toward immigration have hardened south of the border.
    The choice ahead for America is clear. Will we, in violation of all of America's ideals and traditions, move in the direction of Britain and become a country heading toward narrowness, exclusion and isolation, or will we follow the example of Canada and reach out to the diverse world around us with the spirit of welcome and acceptance for the most qualified immigrants, wherever they may come from?
    There is no doubt about which direction the Obama administration is taking us in now. We need to change course if we wish to recover not only what is best in America, but is in our best interests in the globalized world of the 21st Century.
  5. Apr 1 - Forms Galore

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------

    April 1, 2011,0401.shtm


    1. Comment: Forms Galore - The forms section is one of the most

    visited sections of ILW.COM website. It contains over 200

    immigration forms from various agencies such as USCIS, DOS, EOIR,

    DOL and IRS. Many of the forms are fillable for your convenience.

    To visit the section, see here.

    2. Article: Naturalization While Working Abroad For An American Firm

    by Cyrus D. Mehta,0401-mehta.shtm

    3. Article: Top 10 Marketing Mistakes by Larry Bodine,0401-bodine.shtm

    4. Bloggings: Legal Briefs on Immigration Reform from 25 of the

    Top Legal Minds in the Country by Jason Dzubow,0401-dzubow.shtm

    5. Bloggings: "EB-2 India: The Great Leap Forward":

    India EB-2 Should Leap Forward by Gary Endelman,0401-endelman.shtm

    6. Bloggings: The latest EB-5 stats by Brian Su,0401-eb5.shtm

    7. Bloggings: Options for Canadians to apply for the TN Visa at

    the Mexican Border Crossing by Jacob J. Sapochnick,0401-immigrationlawblog.shtm

    8. News: USCIS Announces That FY 2012 H-1B Cap Season Is Open,0401-h1bseason.shtm

    9. News: Memorandum Of Understanding Between DHS And DOL

    Concerning Enforcement Activities At Worksites,0401-dhsdol.pdf

    10. News: USCIS Reminds Grant Applicants Of April 1 Deadline,0401-grants.shtm

    11. Focus: Employer's Immigration Compliance Desk Reference

    The Employer's Immigration Compliance Desk Reference by Gregory

    H. Siskind is co-published by ILW.COM and the Society for Human

    Resources Management (SHRM), the partial Table of Contents is as


    ++Part I: Complying With Immigration Laws: Form I-9 General

    Concepts; Completing the I-9 Form; Reverification; Recordkeeping;

    Electronic I-9 Systems; Knowledge of Unlawful Immigration Status;

    Unfair Immigration Practices; Penalties and Other Risks; IRCA

    Compliance Tips; Conducting an I-9 Self-Audit; E-Verify, IMAGE,

    and SSNVS; Social Security No-Match Letters; Mergers and

    Acquisitions; State Employer Immigration Laws ? Arizona,

    Arkansas, Colorado, Georgia, Idaho, Illinois, Iowa,

    Massachusetts, Michigan, Minnesota, Mississippi, Missouri,

    Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania,

    Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia,

    West Virginia

    ++Part II: An Overview of the U.S. Immigration System:

    Nonimmigrant Visas, Immigrant Visas (the "Green Card"), Asylees

    and Refugees

    For more info on this book, see here (

    fax version, see here).

    12. Headline: "Border Security First" Advocates Block Real

    Immigration Reform

    Headline: Reps Speak Out on Gay Immigration

    Headline: H-1Bvisas need to be easier to get, business leaders

    tell Congress

    Headline: Support the NY Dream Act (S.4179).

    Headline: Is immigration policy killing the American Dream?

    Headline: Drop the I-Word: I Am...a Human Being

    Headline: Texas legislature looking at Utah immigration bill

    Headline: House GOP Plan Gets Tough on Illegal Immigration

    Headline: Immigration reform bill introduced on Rep. Giffords


    Headline: Judge to hear Legislature's bid to defend SB1070

    Headline: Rep.Royce Introduces Keeping the Pledge on Immigration


    Headline: Immigration Advocates Push Obama To Make Good On

    Campaign Promises

    Headline: Looking for the best candidate? Carry your help wanted

    ad on Immigration Daily. Find out more details at

    To submit an Article or a news item to Immigration Daily, write

    to Follow ILW.COM on Twitter:



    1. Help Wanted: Immigration Paralegal

    Raleigh, NC - Ogletree Deakins,

    a leading labor and employment law firm with offices located

    throughout the nation, has an immediate opening for an

    immigration paralegal in their Raleigh, North Carolina office.

    Qualified candidates must have extensive employment based

    immigration paralegal experience, preferably in a large law firm

    environment. Duties will include preparation and filing of

    petitions with a specific focus on labor certification

    applications. Our outstanding group of paralegals also compile

    and analyze case facts, draft correspondence, maintain and

    organize client documentation and have direct contact with

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    a business immigration paralegal with specific experience

    drafting PERM labor certifications. Strong proficiency with MS

    Word, Outlook, INS Zoom and a document management system is

    required. Successful candidates will possess strong writing

    skills and have excellent attention to detail. The ability to

    multi-task and work independently as well as part of a team are

    also important to this position as well as outstanding case

    management and organizational skills. Send resume and cover

    letter with salary requirements to:

    2. Help Wanted: Immigration Attorney

    Raleigh, NC - Ogletree Deakins,

    a leading labor and employment law firm with offices located

    throughout the nation, seeks an immigration attorney with 3 - 5

    years of business immigration experience. Candidates must possess

    extensive experience with PERM applications, H-1B, L-1, TN and E

    visas. In addition, candidates must have experience working in a

    high-volume business immigration work environment. All inquiries

    are strictly confidential. Send resume and cover letter with

    salary requirements to:

    3. Help Wanted: Immigration Attorneys

    Washington, DC - The Office of the Chief Counsel (OCC), U.S.

    Citizenship and Immigration Services (USCIS), Department of

    Homeland Security, is seeking experienced attorneys with 3+ years

    demonstrated experience in immigration law for the Adjudications

    Law Division (ALD) in Washington, D.C. The attorneys will serve

    as advisors to the Chief of the ALD, the Chief Counsel, and to

    USCIS and other Departmental components on issues relating to

    U.S. immigration laws and adjudications. The successful candidate

    will handle ALD legal issues which include but are not limited to

    employment-based immigrant and nonimmigrant visa petitions;

    adjustment of status; naturalization and citizenship; parole;

    employment authorization; and alien registration. Applicants

    must possess a J.D. degree from an accredited law school, be an

    active member of the bar (any jurisdiction), and have 3+ years of

    post-J.D. experience in immigration law, with substantial time

    handling adjustment of status and/or nonimmigrant and immigrant

    petitions. For more info, key in Job Announcement Number: COU-

    CIS-2011-0003 at Submit cover letter,

    resume, and two writing samples to: Must

    be received by close of business, Friday, April 15, 2011.

    Position is at the GS-0905-13/15 level.

    4. Credential Evaluation And Translation Why do the largest

    law firms, corporations and universities in the U.S. choose AETS

    for their foreign credential evaluations? Because as the nation's

    leader in foreign credential evaluations and translations,

    American Evaluation & Translation Service, Inc. (AETS) provides

    the most competitive rates in the industry - $75 educational

    evaluations, as well as $300 'expert opinion' work experience and

    position evaluations completed by PhD university professors who

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    experience and/or training." AETS offers a variety of turn-around

    times, including same-day service for educational, work

    experience, and position evaluations. For list of rates and

    times, see: AETS Credential Evaluation Application.

    AETS also provides certified translations in 100+ languages, with

    translators that are specialists in 80+ fields. For a copy of the

    Application for Credential Evaluation and Translation Services,

    see: AETS Translation Application.

    Please contact AETS at anytime at (786) 276-8190, visit ,

    or email:

    5. CLE Immigration Event

    Memphis, TN - (May 13-14, 2011) The Federal Bar Association in

    conjunction with the Memphis Mid-South Chapter of the FBA; the

    Mid-South Chapter of the American Immigration Lawyers Association

    (AILA); and the U.S. District Court for the Western District of

    Tennessee, invite you to join us for one of the most exciting

    national immigration conferences available this year. The

    confirmed speaker line-up is a who's who of well-renowned AILA

    attorneys and government officials including Judges from The US

    Circuit Court of Appeals, the Acting Director of EOIR and other

    former and current Immigration Judges from across the country,

    and counsel from The Office of Immigration Litigation (OIL). This

    conference also offers the opportunity to hear from a panel of

    ICE and USCIS supervisors as they discuss various immigration

    issues that affect both the mid-South and the nation as a whole.

    Come mingle with faculty without large crowds. This intimate

    setting is perfect for both new and experienced practitioners

    alike. Program includes special tracks for pro bono attorneys as

    well as criminal lawyers. Earn up to 14 CLE hours (with a

    possibility of 3 ethics hours offered) and have fun, too. Early

    bird deadline is April 15, 2011. This Conference is limited to

    400 participants. For more information, including speakers,

    curriculum, see here.

    For online hotel registration, see here.

    To place a classifieds ad in Immigration Daily, see here



    1. ReadersWrite: Yesterday's Discussion

    2. ReadersWrite: Today's Discussion

    To submit an Article for consideration, write to



    ComingsNGoings: Immigration Event Washington, D.C. - April 4, 3pm

    - The Embassy of Greece is proud to present

    "From Challenge to Opportunity: Can Europe Manage Immigration to

    Advantage?", with President and Co-Founder of Migration Policy

    Institute, Demetrios G. Papademetriou. For more info, or to RSVP

    please email

    Readers can share professional announcements (up to 100-words at

    no charge), email:


    The first daily in the field of immigration. Forward this to a


    Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X

    An Important disclaimer! The information provided on this page is

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